ILLINOIS POLLUTION CONTROL BOARD
June
7,
1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant
)
PCB 89—206
v.
)
(Enforcement)
CHICAGO STEEL CONTAINER CORP.,
an Illinois Corporation,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
This matter comes before
the Board upon
a complaint
filed
December
14,
1989 on behalf of
the Illinois Environmental
Protection Agency (“Agency”),
by and through
its attorney, Neil
F.
Hartigan, Attorney General
of the State of Illinois, against
Chicago Steel Container Corporation,
(“Chicago Steel”)
located at
1846 South Kilbourn Avenue,
Chicago, Cook County,
Illinois.
The
complaint alleges
the Chicago Steel has violated Sections 9(a),
and
9(b),
(pars.)
1009a, b of
the Illinois Environmental
Protection Act
(“Act”),
Ill.
Rev.
Stat.
1987,
ch. 111—1/2, pars.
1001,
et.
seq. and
35
Ill.
Adm.
Code 201.142,
201.143,
205.206(a)
215.204(j),
215.212, and 215.213 of
the Board’s
rules and
regulations.
Hearing
on this matter was held February 26,
1990
in
Chicago,
Illinois.
At hearing the parties submitted a
Stipulation and Settlement Agreement,
executed by the parties.
The Stipulation sets forth a full
stipulation of all material
facts pertaining
to the nature, operations, and circumstances
surrounding the claimed violations.
Chicago Steel admits
to past
violations
of Sections
9(b)
of the Act and
35
Ill. Adm. Code
201.142, 201.143,
215.206(a)
215.204(j),
215.212, and 215.213,
and agrees
to pay
a civil penalty of $7,000.
Chicago
Steel
further agrees
to cease and desist from ~he violations.
This Opinion constitutes
the Board’s findings of
fact and
conclusions of law in
this matter.
ORDER
1.
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the Illinois Environmental
Protection Agency and Chicago
Steel Container
Corp.
concerning violations
of Section
9(a)
and 9(b)
of
the
112—19
—2—
Act and
35
Ill.
Adm.
Code Sections 201.142,
201.143,
205.206(a)
215.204(j),
215.212. and 215.213 by Chicago
Steel Container Corp.’s operations located at 1846 South
Kilbourn,
Chicago, Illinois.
The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2.
Chicago Steel Container Corp.
shall pay the sum of seven
thousand dollars
($7,000) within
30 days of the date of
this order.
Such payment
shall be made by certified
check
or money order
payable to the Treasurer
of
the
State of
Illinois, designated
to the Environmental
Protection Trust
Fund,
and shall
be sent by First Class
mail
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O.
Box 19276
Springfield, Illinois
62794—9276
Chicago
Steel Container Corp. shall also write
its Federal
Employer Identification Number or Social Security Number on the
certified check or money order.
Section
41 of
the Environmental Protection Act,
Ill. Rev.
Stat.
1987,
oh.
111—1/2, par.
1041, provides for appeal of
final
Orders of the Board within
35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
Board Member
J. Theodore Meyer dissented.
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abov
Opinion and Order was
adopted on the
7~i~-~day
of
_______________,
1990,
by a vote
of
~
.
Dorothy
M. flunn, Clerk
Illinois Pollution Control Board
112—20